The abbreviation LLP referred to within this document means Nicole Chapman (nee Seeney) or Lavender Lane Photography ABN 11 870 967 522.
Image / Photograph / Video Ownership
1. I/we agree that when purchasing digital images /video from LLP, that it entitles me/us to print and use the images for our personal use only.
2. I/we agree that we will not:
1. Re-edit the images;
2. Sell the images;
3. Commercially benefit from the images / video;
4. Claim the images /video as my/our own work.
3. I/we allow LLP to completely own the Copyright to all photographs (edited or otherwise) and video taken during my/our photoshoot.
Newborn Specific Terms
4. I/we agree that the three dates provided to me/us in our Booking Letter are soft dates and are provided as an indication only, of when I/we may have my/our newborn photoshoot and are provided to ensure LLP has adequate availability to conduct the newborn photography session before baby is 10 days old.
5. I/we have provided the correct due date and birth date of my/our baby to LLP and understand and accept that babies older than 10 days old are much harder to pose and to keep asleep for a newborn photography session.
6. I/we understand that LLP will take all reasonable steps to provide me/us with a gallery of newborn photographs similar in quality to those demonstrated in the Portfolio of LLP.
7. I/we understand and accept that all babies are different and that in some circumstances it may not be possible to obtain photographs of my/our baby unwrapped and asleep.
8. I/we agree that LLP will not provide a refund to me/us in the event that LLP is unable to provide me/us the desired newborn photographs.
9. I/we agree that a 20% non-refundable deposit is required to be made within 7 days of receiving a Booking Letter from LLP or any of its representatives.
10. I/we agree that until the 20% non-refundable deposit is cleared in the designated bank account of LLP, my/our booking will remain on a tentative basis only.
11. I/we agree and understand that if we fail to make the deposit payment by the due date, our booking date may be forfeited and provided to someone else.
12. I/we agree that full payment will be made 7 days prior to my/our first soft date and that failure to do so may result in the delay of my/our newborn photoshoot.
13. I/we agree that the all monies paid to LLP are non-refundable but are transferrable to another date in the event of sickness or bad weather conditions.
14. I/we understand that an online Viewing Gallery will be provided via our provided email address approximately 3 weeks from the photoshoot.
15. I/we understand that Download Galleries will be provided via our provided email address approximately 3 weeks from our Order being submitted.
16. I/we understand that it is our responsibility to:
1. check our email account;
2. respond appropriately to the Viewing Gallery email including the submission or Orders and payment of any upgrade fees
3. notify LLP of any changes in email address; and
4. download our Order within the time frame stipulated in the Download Gallery email.
17. I/we agree that in the event that my/our photoshoot is postponed for more than 3 months that I/we will accept a credit in lieu of the package purchased.
18. I/we agree that any credit provided by LLP will be in the full amount of all monies paid to LLP in respect to the postponed photoshoot.
19. I/we agree that any credit provided to me/us by LLP will have an expiry date of 12 months from the date of issue.
20. For example, if a client purchases at $350 package but cannot reschedule their photoshoot for 3 months, LLP will issue that client with a $350 credit to be used prior to its expiration date.
General Terms and Conditions
21. I/we agree that to assist and cooperate with LLP in obtaining the desired photographs and videography.
22. I/we agree that LLP will not be responsible for photographs or videography not taken or of poor quality as a result of client’s failure to provide reasonable assistance or cooperation, or by arriving late to the photography session.
23. I/we agree that whilst LLP will take reasonable steps to capture great photographs and video of children, I/we acknowledge that LLP is not responsible for the unwilling participation of my/our child.
24. I/we agree that LLP cannot guarantee that chosen locations will always be accessible or unchanged and that the use of locations will be dependent on weather conditions and the time of the year.
25. I/we acknowledge and accept that LLP cannot guarantee the condition of chosen locations for example where the council have attended to the maintenance of a location.
26. I/we acknowledge that on-location photoshoots by LLP are done in natural areas and therefore I/we may be exposed to the associated hazards including but not limited to: insect bites, scratching from grass or sticks and/or possible injury from wildlife, plants, bad weather or uneven surfaces.
27. I/we agree to wholly indemnify LLP and all of its staff, representatives, agents, students, contractors and sub-contractors from any liability whatsoever arising from any injury sustained during my/our photoshoot or while at the property/studio owned, hired, borrowed or leased by LLP to conduct my/our photoshoot or associated appointments.
28. I/ we agree to take full responsibility for my/our children, LLP has no responsibility for my/our child’s safety and I/we will compensate LLP for any item belonging to LLP that has been damaged or broken by my/our child, excluding the excretion of urine or faeces by my newborn baby.
29. I/we agree that in the event of mechanical failure, theft of equipment or damage to equipment during a photography session or after which results in the failure of my/our images or video being processed, that LLP is not liable whatsoever. In such circumstances I/we will reschedule another photoshoot with LLP and relinquish LLP from any responsibility to recover any lost images.
30. I/we agree that if this Contract is disputed in Court or a Tribunal that LLP may recover all legal fees spent directly or indirectly on a full indemnity basis.
31. I/we agree that all images or print products ordered by me/us are final once the time frame in the Order Confirmation email has expired and that after that expiry date, no image or product in an Order can be refunded, exchanged or returned.
Use of Images by LLP
32. I/we agree that LLP may at her discretion, use the images and video taken of me/us and my/our child/children in her Portfolio to be used for online and print advertising / marketing.
Covid-19 Safe Plan
33. I/we acknowledge that LLP has provided me with the relevant Covid-19 Safe Plan and that we will abide by this business policy.
34. I/we acknowledge and agree that pressuring LLP or any of its representatives to breach the their Covid-19 Safe Plan, may result in the immediate termination of my/our photoshoot or appointment and that a refund will not be provided for any monies already paid.